German climate activists have welcomed the German federal constitutional court's official request last week for opinions from the government, the two houses of parliament and several research bodies on pending constitutional complaints against the country's climate action.
Germanwatch, one of the country's five environmental associations that filed three separate lawsuits with the federal constitutional court calling for adequate climate action, said the court's requests send an "important" signal to the government.
The three lawsuits mainly attack the shift in Germany's climate action law from sectoral targets to overall reduction targets, a move designed to reduce immediate pressure on the underperforming transport and building sectors. The plaintiffs also demand "concrete" and immediate measures on the underperforming sectors and a greater focus on the rights of poorer people faced with "exploding" transport costs.
Germanwatch head of policy Christoph Bals flagged the monitoring report on the energy transition commissioned by the economy and energy ministry that members of the country's Green party and environmental groups have criticised as being overly focused on the security of supply provided by gas-fired power generation.
"It is now clear that the extension of the fossil fuel business model envisaged by some in the government is not only highly risky in terms of climate policy, but also in legal terms," Bals said.
And the focus on poorer households in the context of soaring transport costs sends out an "important signal" for the design of the second EU emissions trading system (ETS) covering the transport and buildings sector, the EU ETS 2, Bals said.
The change to the climate action law was implemented in summer 2024 following pressure from the then-co-governing pro-business FDP party. The lawsuits followed in autumn 2024.
The climate action law itself was passed in 2021 following a successful lawsuit by climate activists at the constitutional court.
The constitutional court last week also demanded a statement from the government-appointed Council of Experts on Climate Change (ERK) and Potsdam Institute for Climate Impact Research (PIK).
The lawyer leading the lawsuits, Roda Verheyen, commended the constitutional court's requests, which she said will make it possible to "finally talk about the necessary implementation measures".
German climate activists have taken heart from an advisory opinion passed by the International Court of Justice last month on climate action, which activists expect to provide momentum to the lawsuits.
The environment ministry today said it will start work on the requested statement jointly with other ministries, but declined to give further details.
The constitutional court has requested that the statements be submitted by 15 October.
The "vast majority" of constitutional complaints are thrown out by the constitutional court, Wurzburg-based research institute Stiftung Umweltenergierecht's head of European and international energy and climate action law, Markus Ehrmann, said today. The fact that the court is requesting opinions shows that it is prepared to "seriously" engage with the constitutional complaints, Ehrmann told Argus.
